My husband is unable to work because he has lost the dexterity in his hands to use power tools on the building site, but his former employer says that he is not entitled to claim compensation for construction worker vibration white finger because he continued working after his condition was diagnosed. Is he right?
If your husband´s condition has been caused by the working conditions on the building site, he may still be eligible to claim construction worker vibration white finger compensation. However, how much compensation for construction worker vibration white finger he receives may be reduced to reflect his own lack of care for his injury if it was diagnosed some time ago and your husband continued to work with the same power tools that caused his condition.
Strict guidelines are in place which restrict the number of hours that construction workers can use vibrating power tools on building sites, and your husband´s employer should not only be aware of this but perform a risk assessment on each individual employee to establish that they are capable of doing the tasks allocated to them without the risk of injury. If your husband has developed his vibration white finger injury while solely working for this employer, the employer has failed in his duty of care and is liable for any claim for compensation for construction worker vibration white finger made against him.
If your husband has made his condition worse by continuing to work with power tools – which almost certainly would have been contrary to his doctor´s advice – his “contributory negligence” will be taken into account when a claim for construction worker vibration white finger compensation is made. This means that you husband is likely to receive compensation for construction worker vibration white finger in relation to the time of the original diagnosis and not for any deterioration of his condition thereafter.
There are several further issues which may affect your husband´s entitlement to claim construction worker vibration white finger compensation. The first is whether his original diagnosis was made longer than three years ago. If this is the case, your husband may be time-barred from making a claim for construction worker vibration white finger by the Statute of Limitations. It might also not be worth your husband´s while to proceed with legal action if he uses power tools in the home for DIY projects – especially if he has continued to use them after being diagnosed with construction worker vibration white finger.
With two possible reasons for claims of contributory negligence to be made against your husband and the possibility that his claim for construction worker vibration white finger compensation might be made against more than one employer – if indeed he is still within the Statute of Limitations – it would be advisable that he speak directly with an experienced construction accidents solicitor to discuss his specific personal circumstances and determine that he is eligible to claim compensation for construction worker vibration white finger.